| Part of a series on |
| Islamic jurisprudence (fiqh) |
|---|
 |
| Islamic studies |
| Islam and other religions |
|---|
| Abrahamic religions |
| Other religions |
| Islam and... |
| Others |
Capital punishment in Islam is traditionally regulated by sharia, which is derived from the Quran and ahadith.[1][not specific enough to verify][2][not specific enough to verify] Capital crimes in sharia are often interpreted to include murder, rape, adultery, and homosexual intercourse.[3][4][5] Capital punishment is used in many Muslim-majority countries, where it is often seen as prescribed by sharia for crimes such as apostasy, adultery, witchcraft, murder, and rape.[6]
Capital crimes and sentencing
Both the hadiths and the Quran mention specific crimes for which capital punishment is a valid punishment. In the four primary schools of Sunni fiqh (Islamic jurisprudence) and the two primary schools of Shia fiqh, certain types of crimes mandate capital punishment.
Qisas
Qisas is a category of sentencing where sharia permits capital punishment, for intentional or unintentional murder.[7] In the case of murder, sharia gives the victim's nearest relative or wali (ولي) a right to, if the court approves, take the life of the killer.[8][9] Hudud crimes, which are those against God, are considered the most serious offences under sharia law, for which punishments are prescribed in the Quran. This includes banditry and adultery:
Diyya is a payment to avoid trial for crimes such as murder. Concerns have been raised that poor offenders face trial and capital punishment while wealthy offenders avoid even a trial by paying off qisas compensation. The murder of Shahzeb Khan in 2012 brought particular attention to this issue in Pakistan.[11]
Hudud
Certain hudud crimes are considered crimes against Allah and require capital punishment in public.[1][not specific enough to verify] These include apostasy (leaving Islam to become an atheist or convert to another religion),[12] fasad (mischief in the land, or moral corruption against Allah, social disturbance and creating disorder within the Muslim state)[13][14] and zina (consensual heterosexual or homosexual relations not allowed by Islam, specifically pre-marital or extramarital).
Modern applications
Muslim-majority nations carry out a large percentage of the world's executions. In the 2024 Amnesty International report for capital punishment, 1,474 (97.75%) of the 1,508 recorded executions occurred in Iran, Saudi Arabia, Iraq, Yemen, Somalia, Egypt, Kuwait, and Oman. However, this did not include data from China, where the number of executions is classified but believed to be over 1,000 per year alone.[15] In several Islamic countries such as Sunni Saudi Arabia and Shia Iran, both hudud and qisas punishments are part of the legal system and in use.
Methods
Lethal stoning and beheading in public under sharia is controversial for being a cruel form of capital punishment.[16][17] These forms of execution remain part of the law enforced in Saudi Arabia, Yemen, Qatar, Iran and Mauritania. However stoning has not been implemented for many years.[18][19]
Quotations regarding stoning can be seen in hadiths including the following:
'Ubada b. as-Samit reported: Allah's Messenger as saying: Receive teaching from me, receive teaching from me. Allah has ordained a way for those women. When an unmarried male commits adultery with an unmarried female, they should receive one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.
Decapitation in Islam
Decapitation was a standard method of execution in pre-modern Islamic law. The use of decapitation for punishment continued well into the 20th century in both Islamic and non-Islamic nations.[20][21] When done properly, it was once considered a humane and honorable method of execution.
Use of decapitation was abandoned in most countries by the end of the 20th century. It is a legal method of execution in Saudi Arabia, Qatar, Yemen, and was reportedly used in 2001 in Iran according to Amnesty International, where it is no longer in use.[22]
In Islamic scripture
There is a debate as to whether the Quran discusses decapitation.[23] One surah could potentially be used to provide a justification for decapitation in the context of war:[23]
Now when ye meet in battle those who disbelieve, then it is smiting of the necks until, when ye have routed them, making fast of bonds; and afterward either grace or ransom 'til the war lay down its burdens. (47:4)
Among classical commentators, Fakhr al-Din al-Razi interprets the last sentence of 8:12 to mean striking at the enemies in any way possible, from their head to the tips of their extremities.[24] Al-Qurtubi reads the reference to striking at the necks as conveying the gravity and severity of the fighting.[25] For al-Qurtubi, al-Tabari, and Ibn Kathir, the expression indicates the brevity of the act, as it is confined to battle and is not a continuous command.[25]
Some commentators have suggested that Islamic terrorists use alternative interpretations of these surahs to justify beheading captives, however there is agreement among scholars that they have a different meaning.[23] Furthermore, according to Rachel Saloom, surah 47:4 goes on to recommend generosity or ransom when waging war, and it refers to a period when Muslims were persecuted and had to fight for their survival.[23]
Decapitation in Islamic law
Decapitation was the normal method of executing the death penalty under classical Islamic law.[26] It was also, together with hanging, one of the ordinary methods of execution in the Ottoman Empire.[27]
As of 2015, Saudi Arabia is the only country in the world which uses decapitation within its Islamic legal system.[28] The majority of executions carried out by the Wahhabi government of Saudi Arabia are public beheadings,[29] which usually cause mass gatherings but are not allowed to be photographed or filmed.[30]
According to Amnesty, decapitation has been carried out by Iranian authorities as recently as 2001,[28][31][32] but as of 2014 is no longer in use.[31] It is also a legal form of execution in Qatar and Yemen, but the punishment has been suspended in those countries.[28][33]
Historical occurrences
- The Islamic followers of Mohammed executed the men of the Jewish tribe of Banu Qurayza for a treaty violation, with several hundred killed in 627.[34]
- After the Battle of Hattin (1187), Saladin personally beheaded Raynald of Châtillon; a Christian knight who served in the Second Crusade and organized attacks against Islam's two holiest cities.[35]
- Forces of the Ottoman Empire invaded and laid siege to the city of Otranto and its citadel in 1480. According to a traditional account, after capture, more than 800 of its inhabitants – who refused to convert to Islam – were beheaded. They are known as the Martyrs of Otranto.[36] The historicity of this account has been questioned by modern scholars.[37]
- Muhammad Ahmad declared himself the Mahdi in 1880 and led jihad against the Ottoman Empire and their British allies. He and his followers beheaded opponents, Christian and Muslim alike, including the British general Charles Gordon.[38]
See also
References
- 1 2 Mohamed El-Awa (1993), Punishment in Islamic Law, American Trust Publications, ISBN 978-0892591428, pp 1–68
- ↑ Samuel M. Zwemer, The Law of Apostasy, The Muslim World. Volume 14, Issue 4, pp. 373–391
- ↑ Jaspal, Rusi (2016-06-28). "What it's like to be gay and a Muslim". The Conversation. Retrieved 2025-10-27.
- ↑ Javaid Rehman and Eleni Polymenpoulou, "Is Green a Part of the Rainbow? Sharia, Homosexuality and LGBT Rights in the Muslim World", Fordham International Law Journal, Vol. 37, Issue 1, Article 7 (2013) (retrieved 4 July 2025); Archived copy
- ↑ "BBC - Religions - Islam: Capital punishment". www.bbc.co.uk. Archived from the original on 2019-12-05. Retrieved 2019-12-04.
- ↑ Asif, Naima (26 January 2021). "An introduction to sharia law and the death penalty". law.ox.ac.uk. Archived from the original on 25 October 2021. Retrieved 25 October 2021.
- ↑ Mohamed El-Awa (1993), Punishment in Islamic Law, American Trust Publications, ISBN 978-0892591428
- ↑ Encyclopædia Britannica, Qisas Archived 2015-02-05 at the Wayback Machine (2012)
- ↑ Shahid M. Shahidullah, Comparative Criminal Justice Systems: Global and Local Perspectives, ISBN 978-1449604257, pp. 370–377
- ↑ Quran & 34 5:33 & 34
- ↑ "Qisas being used by the wealthy to avoid trial: CJ" Archived 2015-04-08 at the Wayback Machine. The Express Tribune (Pakistan), 3 October 2013 (concerning the murder of Shahzeb Khan).
- ↑ David Forte, Islam's Trajectory Archived 2014-09-03 at the Wayback Machine, Revue des Sciences Politiques, No. 29 (2011), pages 92–101
- ↑ Oliver Leaman (2013), Controversies in Contemporary Islam, Routledge, ISBN 978-0415676137, Chapter 9
- ↑ Marion Katz (2006), Corruption of the Times and the Mutability of the Shari'a, The. Cardozo Law Review, 28:171–188
- ↑ "Mideast states made 'chilling' use of executions amid pandemic: Amnesty". france24.com. 21 April 2021. Archived from the original on 25 October 2021. Retrieved 25 October 2021.
- ↑ Ebbe, O. N., & Odo, I. (2013), The Islamic Criminal Justice System, in Comparative and International Criminal Justice Systems: Policing, Judiciary, and Corrections, CRC Press, ISBN 978-1466560338, Chapter 16
- ↑ Jon Weinberg (2008), Sword of Justice? Beheadings Rise in Saudi Arabia, Harvard International Review, 29(4):15
- ↑ R Terman (2007), The Stop Stoning Forever Campaign: A Report Archived 2015-04-03 at the Wayback Machine WLUM Laws
- ↑ Javaid Rehman & Eleni Polymenopoulou (2013), Is Green part of the rainbow - Sharia, Homosexuality, and LGBT Rights in the Muslim World, Fordham Int'l Law Journal, 37:1-501
- ↑ Cliff Roberson, Dilip K. Das (2008). An Introduction to Comparative Legal Models of Criminal Justice. CRC Press. p. 156. ISBN 9781420065930.
- ↑ Nina Rastogi (February 20, 2009). "Decapitation and the Muslim World". Slate. Archived from the original on December 27, 2017. Retrieved May 30, 2022.
- ↑ "Beheading was last used as a method of execution in 2001 ... beheading is no longer in use." Cornell Center on the Death Penalty Worldwide, Death Penalty Worldwide: Iran Archived 2019-07-27 at the Wayback Machine
- 1 2 3 4 Rachel Saloom (2005), "Is Beheading Permissible under Islamic Law – Comparing Terrorist Jihad and the Saudi Arabian Death Penalty", UCLA Journal of International Law and Foreign Affairs, vol. 10, pp. 221–49.
- ↑ Nasr, Seyyed Hossein; Dagli, Caner K.; Dakake, Maria Massi; Lumbard, Joseph E.B.; Rustom, Mohammed (2015). The Study Quran: A New Translation and Commentary. HarperCollins (Kindle edition). p. Commentary to 8:12, Loc. 23676–23678.
- 1 2 Nasr, Seyyed Hossein; Dagli, Caner K.; Dakake, Maria Massi; Lumbard, Joseph E.B.; Rustom, Mohammed (2015). The Study Quran: A New Translation and Commentary. HarperCollins (Kindle edition). p. Commentary to 47:4, Loc. 59632–59635.
- ↑ Rudolph Peters (2006). Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century. Cambridge University Press. p. 36.
- ↑ Rudolph Peters (2006). Crime and Punishment in Islamic Law: Theory and Practice from the Sixteenth to the Twenty-First Century. Cambridge University Press. p. 101.
- 1 2 3 Hood, Roger; Hoyle, Carolyn (2015). The Death Penalty: A Worldwide Perspective. Oxford University Press. p. 178. ISBN 978-0-19-870173-6.
- ↑ Russell Goldman, "Saudi Arabia's Beheading of a Nanny Followed Strict Procedures" Archived 2019-07-18 at the Wayback Machine, abcnews.com, 11 January 2013.
- ↑ Justine Drennen (January 20, 2015). "Saudi Arabia's Beheadings Are Public, but It Doesn't Want Them Publicized". Foreign Policy Magazine. Archived from the original on July 27, 2019. Retrieved May 30, 2022.
- 1 2 "Death Penalty Database: Iran" Archived 2019-04-07 at the Wayback Machine, deathpenaltyworldwide.org, Cornell Law School, accessed 13 June 2016.
- ↑ "Iran / death penalty A state terror policy" (PDF). International Federation for Human Rights. 16 March 2010. p. 38. Archived (PDF) from the original on 19 April 2019. Retrieved 5 April 2016.
- ↑ Kronenwetter, Michael (2001). Capital Punishment: A Reference Handbook. ABC-CLIO. ISBN 9781576074329.
- ↑ Watt, W. Montgomery (2012). "Ḳurayẓa". In P. Bearman; Th. Bianquis; C.E. Bosworth; E. van Donzel; W.P. Heinrichs (eds.). Encyclopaedia of Islam (2nd ed.). Brill. doi:10.1163/1573-3912_islam_SIM_4535.
- ↑ Newman, Sharan (2007). The Real History Behind the Templars. Penguin. p. 133. ISBN 978-0425215333.
- ↑ Bunson, Matthew. "How the 800 Martyrs of Otranto Saved Rome". Catholic Answers. Archived from the original on 17 December 2013. Retrieved 11 February 2012.
- ↑ Nancy Bisaha (2004). Creating East And West: Renaissance Humanists And the Ottoman Turks. Philadelphia: University of Pennsylvania Press. p. 158.
Recently, though, historians have begun to question the veracity of these tales of mass slaughter and martyrdom. Francesco Tateo argues that the earliest contemporary sources do not support the story of the eight hundred martyrs; such tales of religious persecution and conscious self-sacrifice for the Christian faith appeared only two or more decades following the siege. The earliest and most reliable sources describe the execution of eight hundred to one thousand soldiers or citizens and the local bishop, but none mention a conversion as a condition of clemency. Even more telling, neither a contemporary Turkish chronicle nor Italian diplomatic reports mention martyrdom. One would imagine that if such a report were circulating, humanists and preachers would have seized on it. It seems likely that more inhabitants of Otranto were taken out of Italy and sold into slavery than were slaughtered.
- ↑ Byron Farwell, Prisoners of the Mahdi (New York & London: W.W. Norton & Company, 1989), pp. 156-7.
Islam topics | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| |||||||||||||
| |||||||||||||
| |||||||||||||
| |||||||||||||
